Ayub Okobola Wabuti v Republic [2015] KECA 16 (KLR)
- Court
- Court of Appeal
- Case number
- 16
- Citation
- [2015] KECA 16 (KLR)
- Decided
- 18 June 2015
The summary rejection of the appellant's appeal by the High Court is hereby quashed. The appellant's appeal to the High Court is hereby returned for admission to hearing and thereafter to be heard by the High Court, by a judge other than Lenaola, J on a priority basis.
Facts
The appellant, Ayub Okobola Wabuti, was convicted by the Magistrate's court at Butere for the offence of defilement of a child contrary to section 8(3) of the Sexual Offences Act. He was sentenced to a prison term of 20 years.
Issues
- whether the learned Judge of the High Court was right to summarily reject the appellant's appeal
- whether the powers under Section 352(2) of the Criminal Procedure Code should be invoked
Reasoning
The High Court summarily rejected the appeal on the grounds that the appeal had been lodged without any sufficient grounds for complaint. The Court held that the exercise of the power to summarily reject an appeal under Section 352(2) of the Criminal Procedure Code is strictly limited to cases where the appeal is brought on grounds that the conviction is against the weight of the evidence or the sentence is excessive. The grounds raised by the appellant went beyond the grounds set out under Section 352(2) of the Criminal Procedure Code.
Outcome
Appeal Succeeds
Orders
- The summary rejection of the appellant's appeal by the High Court is hereby quashed
- The appellant's appeal to the High Court is hereby returned for admission to hearing and thereafter to be heard by the High Court, by a judge other than Lenaola, J on a priority basis
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Sexual Offences Act
Cases cited (3)
- Aggrey vs. Republic
- Ouma v Republic
- Obiri vs. Republic
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